LIABILITIES OF MUNICIPAL CORPORATIONS 3.

CC provision prevails over the Charter

Exceptions as provided by law
GR 61516 Guilatco v. City of Dagupan The express provision in the Charter exempting the City from liability for damages due to
Sarmiento, J.
the failure of any city officer to enforce the provisions of the charter is not applicable.
Guilatco fell into a manhole and suffered injuries. She sued the City. SC ruled in her favor.
Roads need not be owned by the City, control and supervision is what is required. The charter only lays down the general rules regulating the liability of the city; Art 2189
applies in particular to the liability arising from defective streets.

FACTS
1. Guilatco was a court interpreter of CFI-Dagupan. On July 5 1978, while she was about
to board a tricycle at a sidewalk at Perez Blvd. (national road under the control and
supervision of the City), Guilatco fell into a manhole. She suffered from a fractured right leg
and endured excruciating pain even after she was discharged. She was hospitalized,
operated on, and confined at the Pangasinan Provincial Hospital for 16 days. Guilatco
wasn’t able to report for work as she had difficulty of locomotion in going up and down the
stairs of her office.
2. The City of Dagupan & City Engineer Alfred Tangco’s defense was that Perez Blvd. is a
national road. Although maintained by Tangco, the City claims that Tangco was,
concurrent to his position as City Engr., also the ex-officio Highway Engr. of the Bureau of
Public Highways, therefore, Perez Blvd. is not under the City’s control and supervision.
3. CFI – in favor of Guilatco. CA - reversed, no evidence of control and supervision.
4. Control and supervision was exercised by Tangco in his capacity as CITY ENGR
and not as the ex-officio Highway Engr.
Court said that his salary as City Engr. (P1,810) substantially exceeds his honorarium as
ex-officio Highway Engr. (P200).
The function of supervision over streets pertaining to the City Engr. is coursed through a
Maintenance Foreman and a Maintenance Engr. Although these last two officials are
employees of the National Gov't, they are detailed with the City of Dagupan and hence
receive instruction and supervision from the city through the City Engr.
DIGESTER: GDR

ISSUE
WON control and supervision exists - YES, therefore the City is liable for damages.

RATIO
Art 2189 NCC: Provinces, cities and municipalities shall be liable for damages for the
death of, or injuries suffered by, any person by reason of the defective condition of roads,
streets, bridges, public buildings, and other public works under their control or supervision.

1. Existence of control and supervision

Control and supervision was exercised through the ff. officials:

 CITY ENGR: Charter of Dagupan, Sec 22. The City Engr. … shall have the
ff. duties: … He shall inspect and regulate the use of all private systems for
supplying water to the city and its inhabitants, and all private sewers, and
their connection with the public sewer system.
 MUNICIPAL BOARD: The Charter also provides that the laying out,
construction and improvement of streets, avenues and alleys and sidewalks,
and regulation of the use thereof may be legislated by the Municipal Board

2. Ownership irrelevant

The provision does not require the road to belong to the City, what is required is for said
road to be under the control or supervision of said municipality.